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(영문) 대법원 2018.02.13 2017도20120
살인미수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the Defendant case, on September 26, 2017, the lower court’s defense counsel asserted to the effect that the Defendant was in a state of mental and physical loss at the time of committing the instant crime on the grounds of appeal, and the Defendant and the requester for an attachment order (hereinafter “Defendant”) and the defense counsel stated the reasons for appeal at the first trial date of the lower court, and did not clearly withdraw the allegation on mental and physical loss by stating the summary of the grounds for appeal as unfair sentencing, but the lower court did not render any judgment on the allegation of mental and physical loss.

However, examining the circumstances revealed in the records, such as the background leading up to the instant crime, method of crime, the act of the Defendant before and after the instant crime, and the circumstances after the crime, the Defendant was physically and mentally deprived at the time of the instant crime.

Since it is difficult to see the above error of omission in judgment, it does not affect the judgment.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

2. As long as the Defendant filed a final appeal with respect to the medical treatment, custody claim and the case for which an attachment order is applied, it shall be deemed that a final appeal was filed regarding the medical treatment, custody claim and the case for which an attachment order is applied. However, the grounds of final appeal were not stated in the petition of final appeal, and the grounds of final appeal

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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